Eleanor Finch
The 44th Amendment Act, 1978 was enacted by the Indian government to restore the Constitution of India, 1950 (COI) to its pre-emergency state. The Act aimed to prevent the restriction or removal of fundamental rights by a transient majority in Parliament, ensuring adequate safeguards for citizens' rights to life and liberty. It also sought to ensure the proper use of emergency powers under Article 352 and protect the COI's basic features from parliamentary interference through Article 368. The 44th Amendment Act, 1978, intended to reform the changes made by the previous 42nd Amendment Act, 1976, which was enacted during a controversial emergency period. The 45th Amendment, officially known as The Constitution (Forty-fifth Amendment) Act, 1980, focused on extending the reservation of seats for Scheduled Castes and Scheduled Tribes, as well as the representation of the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies.
| Characteristics | Values |
|---|---|
| Name | The Constitution (Forty-fourth Amendment) Act, 1978 |
| Purpose | To restore the Constitution of India, 1950 (COI) to its pre-emergency state |
| Objectives | To ensure Fundamental Rights were not restricted or taken away by a transient majority in Parliament, to ensure the power to proclaim an emergency was used properly and with due consideration, and to ensure the basic features of the COI were not interfered with by Parliament |
| Amendments | Introduced the expression "armed rebellion" in place of "internal disturbance", required the President to act on the written recommendation of the Cabinet, and restored the term of the Lok Sabha and State Assemblies to five years |
| Related Acts | The 44th Amendment Act intended to reform the amendments made by the 42nd Amendment Act, 1976 |
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What You'll Learn
Restoration of the 1950 Constitution of India
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. The original 1950 Constitution of India is preserved in a nitrogen-filled case at the Parliament Library Building in New Delhi. The 1950 Constitution of India came into effect on 26 January 1950, after being approved by the Constituent Assembly on 26 November 1949. The Constitution of India was drafted between 1947 and 1950, during which time India was a dominion of the United Kingdom.
The 1950 Constitution of India declared India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and endeavouring to promote fraternity. The document lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens.
The 1950 Constitution of India included provisions for free and compulsory education for all children up to the age of 14 within 10 years of its commencement. It also included provisions for raising the standard of living of citizens, promoting the educational and economic interests of the weaker sections of the people, and protecting them from social injustice and exploitation.
The 1950 Constitution of India has since been amended over 100 times. One notable amendment is the Forty-fourth Amendment Act of 1978, which included provisions to safeguard citizens' fundamental rights to life and liberty and to ensure that citizens had an effective voice in determining the form of government under which they lived.
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Protection of fundamental rights
The 44th Constitutional Amendment Act, 1978 was enacted with the aim of restoring the Constitution of India, 1950 (COI) to its original state before the controversial Emergency period (25 June 1975–21 March 1977). This period witnessed the enactment of the 42nd Amendment, which is regarded as the most controversial amendment in history, as it attempted to reduce the power of the Supreme Court and High Courts and made widespread changes to the Constitution.
The 44th Amendment Act aimed to prevent the restriction or removal of Fundamental Rights by a transient majority in Parliament, providing safeguards to ensure these rights were protected. It also sought to ensure that the power to proclaim an emergency under Article 352 was used properly and with due consideration. The Act introduced the term "armed rebellion" in place of "internal disturbance" as grounds for proclaiming an emergency, addressing the vagueness of the previous term, which could be misused by the executive.
The 44th Amendment Act also restored the term of the Lok Sabha and State Assemblies to five years and amended Article 361A to protect individuals from liability for publishing substantially true reports of parliamentary or state legislature proceedings. Additionally, it amended Article 38 to include the state's responsibility for securing the welfare of the people.
The 44th Amendment Act is seen as an attempt to reverse the changes made by the 42nd Amendment, which had reduced judicial powers and moved the political system toward parliamentary sovereignty. The 42nd Amendment had also introduced Fundamental Duties for Indian citizens and made extensive changes to various articles, the Preamble, and the constitution-amending clause.
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Proper use of emergency powers
The Constitution (Forty-fourth Amendment) Act, 1978 was enacted by the Indian government to restore the Constitution of India, 1950 (COI) to its pre-emergency state. The 44th Amendment Act aimed to make the following changes:
- Ensure that Fundamental Rights could not be restricted or revoked by a transient majority in Parliament, providing safeguards to prevent this in the future.
- Ensure that the power to proclaim an emergency under Article 352 of the COI is used properly and only after careful consideration.
- Prevent Parliament from interfering with the basic features of the COI when exercising its power of constitutional amendment under Article 368.
- Amend the process of proclaiming an emergency, requiring a written recommendation from the Cabinet and allowing for a special sitting of Lok Sabha to consider disapproval of the proclamation.
- Replace the term "internal disturbance" with "armed rebellion" as grounds for proclaiming an emergency, addressing the vagueness of the former term that led to potential misuse.
- Restore the term of the Lok Sabha and State Assemblies to five years by amending Articles 83 and 172 of the COI.
- Add Article 361A to the COI, providing immunity from legal proceedings for the publication of substantially true reports of parliamentary or state legislature proceedings.
The 44th Amendment Act aimed to address the issues arising from the controversial 42nd Amendment Act, 1976, enacted during the Emergency period (June 25, 1975 – March 21, 1977) by the Indian National Congress government led by Indira Gandhi. The 42nd Amendment was criticized for reducing the powers of the Supreme Court and High Courts, attempting to institutionalize emergency powers, and making widespread changes to the Constitution.
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Basic features of the Constitution
The 44th Amendment Act, 1978, was enacted with the aim of restoring the Constitution of India, 1950 (COI) to its original state before the controversial Emergency period (25 June 1975–21 March 1977). It was introduced to make the following changes:
- To ensure that the Fundamental Rights of citizens, including life and liberty, were not restricted or taken away by a transient majority in Parliament, and to provide safeguards against the recurrence of such an event.
- To ensure that the power to proclaim an emergency under Article 352 of the COI was used properly and only after careful consideration.
- To prevent interference with the basic features of the COI by Parliament when exercising the power of constitutional amendment under Article 368 of the COI.
- To restore the term of the Lok Sabha and the State Assemblies to five years by amending Articles 83 and 172 of the COI.
- To ensure that the President acts in accordance with the advice of the Council of Ministers.
- To introduce the expression "armed rebellion" to replace the vague term "internal disturbance" as grounds for proclaiming an emergency.
- To require the President to obtain a written recommendation from the Cabinet before proclaiming an emergency.
- To allow for a special sitting of the Lok Sabha to consider the disapproval of a proclamation of emergency.
- To ensure that Article 19 will be automatically suspended during an emergency declared on the basis of war or external aggression, but that the rights conferred by Articles 20 and 21 cannot be suspended.
The 44th Amendment Act, 1978, also intended to reform all the amendments made to the COI by the controversial 42nd Amendment Act, 1976, which was enacted during the Emergency period to reduce the power of the Supreme Court and High Courts, and to lay down the Fundamental Duties of Indian citizens.
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Reservation of seats for Scheduled Castes and Scheduled Tribes
The 45th Amendment of the Constitution of India, officially known as The Constitution (Forty-fifth Amendment) Act, 1980, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes in the Lok Sabha and the State Legislative Assemblies. This reservation of seats also ensured the representation of the Anglo-Indian community and was extended for another ten years, until 26 January 1990.
Article 334 of the Constitution, prior to the 45th Amendment, stated that the reservation of seats would cease after 30 years from the commencement of the Constitution. This deadline was extended multiple times; first to 1970 by the 8th Amendment, then to 1980 by the 23rd Amendment. The 45th Amendment further extended this deadline to 1990.
The 45th Amendment Bill was introduced in the Lok Sabha on 23 January 1980 by Zail Singh, the then Minister of Home Affairs. The Bill was debated and passed by the Lok Sabha on 24 January 1980 and subsequently considered and passed by the Rajya Sabha on 25 January 1980. After ratification by the States, the Bill received assent from President Neelam Sanjiva Reddy on 14 April 1980 and was notified in The Gazette of India on the same date. The Act came into effect retroactively from 25 January 1980.
The reservation of seats for Scheduled Castes and Scheduled Tribes, as well as the representation of the Anglo-Indian community, has since been extended multiple times beyond 1990. The 62nd Amendment extended the reservation period to 2000, the 79th Amendment to 2010, the 95th Amendment to 2020, and the 104th Amendment to 2030.
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Frequently asked questions
I could not find information about Constitutional Amendment 45 Act 445. However, I found information about Constitutional Amendment 45 Act 1980.
The purpose of the Constitutional Amendment 45 Act 1980 was to extend the period of reservation of seats for the Scheduled Castes and Scheduled Tribes, as well as the representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1990.
The Amendment changed Article 334 to state that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States, as well as the representation of the Anglo-Indian community, would cease to have effect forty years from the commencement of the Constitution.
